JAMES THOMAS ANDAFU V. JOSEPH MAKOKHA AKHULUNYA

RULING OF THE COURT

[1] Before us is a Notice of Motion dated 6^th June, 2018 expressed to be brought under Rule 5(2) (b) of the Court of Appeal Rules. James Thomas Andafu, (the applicant), seeks an order of stay of execution pending the hearing and determination of the intended appeal against the judgment and Decree made by the Environment and Land Court, (Matheka, J) on 17^th May, 2018 in favour of Joseph Makokha Akhulunya (the respondent).

[2] The application is founded on the grounds set out on the face of the motion and also on the averments deponed in the applicant’s supporting affidavit.

[3] The learned Judge in her judgment found that the respondent herein had proved his case on a balance of probabilities; that he was entitled to land parcel number Butsotso/Indangalasia/248 (the suit property) by way of adverse possession; that the applicant’s right to own the suit property has been extinguished by lapse of time; and that the suit property should therefore be transferred to the res…